A California deed is a legal document that transfers legal ownership of real property from one person to the other. It will outline the important details of the transaction, such as the old and new owners, description of the property, and more. California has several types of deeds, including grant deeds, quitclaim deeds, interspousal transfer deeds, trust transfer deeds, and revocable transfer-on-death deeds. Which is most appropriate for your transaction is best decided by a skilled California real estate attorney.
At Filippi Law Firm, P.C., our California real estate and estate law attorneys are ready to help your transfer property the way you want to. Knowing the right way to handle a transfer or create a deed is critical to protecting your property and any interest in its transfer.
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Grant Deeds: The Standard California Transfer
A grant deed is the most common deed used in California real-estate transactions. Under Civil Code § 1092, the deed has two implied warranties:
- The grantor has not previously transferred the property to someone else.
- The property is free from undisclosed encumbrances created by the grantor.
These warranties make grant deeds more protective than quitclaim deeds. A grant deed does not guarantee perfect title, it simply promises the grantor has not impaired title during their ownership.
Quitclaim Deeds: No Promises, No Warranties
A quitclaim deed transfers whatever interest the grantor may have, if any, without any warranties. The grantor is not promising:
- That they own the property
- That title is clear
- That no liens exist
- That they have the right to transfer the property at all
Interspousal Transfer Deeds: Spousal Transfers Without Reassessment
An interspousal transfer deed is used when spouses transfer property between themselves. This usually helps add a spouse to the title or remove them from it. It might also move property from one spouse’s separate property into marital property, or vice versa.
Under Revenue & Taxation Code § 63, interspousal transfers are excluded from property-tax reassessment. This makes them essential for estate planning, divorce settlements, and marital property updates.
Revocable Transfer-on-Death (TOD) Deeds: Transfer at Death Without Probate
A revocable transfer-on-death deed allows a homeowner to name a beneficiary who will receive the property automatically upon the owner’s death, without going through probate. TOD deeds are governed by Probate Code § 5600 et seq.
Trust Transfer Deeds: Funding a Living Trust
A trust transfer deed moves property into or out of a living trust. Without a properly executed and recorded trust transfer deed, the trust is not funded, and the property may still require probate.
Recording Requirements, Fees & County Rules
In California, deeds must be recorded with the county recorder where the property is located. For example:
- Placer County Recorder: standard recording fees typically range from $14–$101, depending on document type and page count.
- Sacramento County Recorder: similar fee structure, with additional charges for real-estate fraud-prevention programs.
Most counties require a Preliminary Change of Ownership Report (PCOR) at recording. Failure to submit a PCOR can result in penalties and processing delays.
Prop 19: Reassessment Triggers on Non-Exempt Transfers
Under Proposition 19, most transfers from parent to child or grandparent to grandchild will now trigger reassessment. However, if the property is the parent’s primary residence and the child continues to use it as their primary residence, that may not be the case.
Transfers using certain types of deeds may trigger reassessment unless one of the statutory exclusions applies.
Comparison Table: California Deed Types
Understanding what each deed does and doesn’t do is critical.
| Deed Type | What It Does | Warranties | Common Uses | Reassessment Risk |
|---|---|---|---|---|
| Grant Deed | Transfers ownership with implied warranties | Yes (Civ. Code §1092) | Purchases, sales | Yes |
| Quitclaim Deed | Transfers whatever interest exists | No | Family transfers, title cleanup | Yes |
| Interspousal Transfer Deed | Transfers between spouses | No | Marriage, divorce, estate planning | No (R&T §63) |
| Trust Transfer Deed | Moves property into/out of trust | No | Estate planning | Usually no |
| TOD Deed | Transfers at death without probate | No | Simple estate planning | Yes |
FAQs
1. What is a deed in California?
A deed is the legal document that transfers real-property ownership and must be recorded to update public title records.
2. What is a grant deed in California?
A grant deed transfers ownership and includes two implied warranties under Civil Code §1092.
3. What is the difference between a grant deed and a quitclaim deed?
A grant deed includes implied warranties; a quitclaim deed includes none.
4. Do interspousal transfer deeds avoid reassessment?
Yes. R&T Code §63 excludes spousal transfers from reassessment.
5. Does a TOD deed avoid probate?
Yes, but it does not avoid creditors or property-tax reassessment.
6. Do I need a trust transfer deed if I have a living trust?
Yes, property must be deeded into the trust or it is not funded.
Get Help with Deeds in California
Need to transfer real property, either now or in the future? The right deed can make all the difference.
Let the dedicated real estate and estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.
